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Form 3368. . . i -V- 1. i 

Dec, 1921. \J\ , >j. IquoJS , .•■i,tt»XMAl.i , xTt, 

UNITBO STATES CIVIIi SERVICE COMMISSION. 

"Wasnington, ». C. 



RETIREMENT ACT OF MAY 22, 1920, WITH NOTES. 

It is reasonable to assume that every employee in the classified civil service 
is more or less interested in the operation of the civil service retirement act. 
Many important questions have naturally arisen under a law of such a novel 
and extensive character, which have called for opinions by legal officers and for 
decisions by officers charged with its administration. This pamphlet is an 
attempt to compile a reference book of the most important of these opinions and 
decisions without giving more than a brief statement of their general effect. 
Decisions which can necessarily apply to a very limited number of cases, those 
comparatively unimportant, and some not differing greatly from others in effect 
have been omitted. This pamphlet is. not a manual for adjudication of claims. 
Of course, the proper administrative officers consider cases in the light of com- 
plete opinions or decisions. Suggestions and criticisms are invited, with a view 
to making future editions more valuable. 

The following information may be helpful as indicating the course of pro- 
cedure necessary in filing claims under the act: 

1. Retirement by reason of age is automatic, and an employee can not be 
retained beyond the retirement age against his wUl, but all he can do is to 
express to his superior officer his willingness to remain in the service. Should 
his retention be desired, the officer under whom he serves should recommend his 
retention in time for the head of the department, branch, or office to request the 
commission's approval of his retention at least 30 days before he reaches retire- 
ment age. 

2. Claims for annuity by reason of age or disability are addressed to the 
Commissioner of Pensions, on forms provided for the purpose, copies of which 
are distributed among administrative officers. These forms contain full instruc- 
tions and should be forwarded in accordance with the instructions. 

3. Application for refund of deductions made from the salary of employees 
separated from the classified civil service is addressed to the Commissioner of 
Pensions, through the Civil Service Commission. Copies of the application form 
are distributed to administrative officers. 

4. There are special forms for application for refund of deductions in the 
case of deceased persons. 

5. The Civil Service Commission distributes no forms for the use of applicants 
for any of the benefits under the Retirement Act, but it furnishes forms, on 
request, upon which officers request continuance of employees in the service 
beyond the retirement age, and for report of dates of separation from the 
service and other information necessary for use by the Bureau of Pensions in 
adjudicating claims. 

Z'2^-'^ t Z' 5~ 4p section I. 

1. Be it enacted hy the Senate and House of Representatives of the United 
States of A^merica in Congress assembled, That beginning at the expiration of 
ninety days next following the passage of this act, all employees in the classi- 
fied civil service of the United States who have on that date, or shall have 
on any date thereafter, reached the age of seventy years and rendered at least 
fifteen years of service computed as prescribed in section 3 of this act, shall be 
eligible for retirement on an annuity as provided in section 2 hereof : Provided, 
79454°— 22 1 



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That mectianics, city and rural letter carriers, and i)ost-office clerks shall be 
eligible for retirement at sixty-five years of age, and railway postal clerks at 
sixty-two years of age, if said mechanics, city and rural letter carriers, post- 
office clerks, and railway postal clerks shall have rendered at least fifteen years 
of service computed as prescribed in section 3 of this act. 

Date of Retirement. — In accordance with the practice of excluding one 
terminal date an employee is regarded as reaching age of retirement at the 
close of business on the day preceding his birthday anniversary. 

The rule is not inexoi'able or without its exceptions. Like all fictions of the 
law it is for the promotion of justice and is not to be invoked to work an in- 
jury. (Secretary of the Interior, July 21, 1921.) 

STATUS OF EMPLOYEES ON LEAVE WITHOUT PAY EOK MOEE THAN A YEAR PEIOE TO 

AUGUST 21, 1920. 

The exact question with which the commission is confronted is as to whether 
or not an employee rendering no service but excused from actual service under 
" leave without pay " is an " employee in the classified civil service of the 
United States " within the meaning of that expression as used in the retirement 
act. 

The commission does not find the status of such person clearly defined by 
statute or by the civil service rules established by the President under the 
powers conferred upon him by statute. 

Section 7 of the act of March 15, 1898 (30 Stat., 816) provides for "leave 
with pay," in the discretion of the head of a department, for not more than 
thirty days in one calendar year to any or all employees. A proviso of the 
same section vests in the head of a department the further discretionary power 
to grant an employee, under certain conditions, an additional leave of absence 
with pay for a second period of not more than thirty days in any calendar year. 

It is to be noted that the periods above provided for are both " leaves with 
pay." No leave icitJiout pay is expressly provided for or defined. The only 
reference to such a status is the negative provision that an employee borne on 
the rolls of the department after the expiration of such leave with pay shall 
not be entitled to pay " during the period of such excessive absence." 

The case of an employee who desires to be absent from actual service and 
who is not cared for by the statute above referred to providing for leave with 
pay is expressly provided for under Rule IX of the President's rules governing 
the classified civil service, under which such employee, assuming separation 
from the service without delinquency or misconduct, may be reinstated by the 
department within one year from the date of such separation. This gives to 
the employee a status for reinstatement and to the department the discretionary 
power to reinstate, the initiative resting solely with the department. Both 
status and right are limited to one year from date of separation, actual rein- 
statement requiring a precedent ascertainment and certification by the Civil 
Service Commission that the employee is eligible for reinstatement under the 
rule. 

Cases arose in which the employee did not desire to accept a status in which 
restoration to the service was to be dependent on the affirmative exercise of a 
purely discretronary power at a future time by the then head of the depart- 
ment, and in which the head of the department was willing at the time of the 
contemplated separation to exercise his discretionary power in the present 
to become effective at a fixed time in the future. This was contrived as a 
means of creating a distinct status of nonservice and nonpay to be terminated 
within the time limit by the mere return of the employee to actual service. 
So long as leave without service or pay was limited to one year from date of 
separation from service, it constituted an anticipatory exercise of a right that 
would in every case be approved by the Civil Service Commission and was 
deemed to be no substantial variance from the rule. The departments desired 
in many cases to give to employees about to leave the service the sense of 
security that was carried by " leave without pay " as distinguished from formal 
separation from the service and formal reinstatement on the initiative of the 
department at a future time. 

The practice was resorted to from time to time in the several departments; 
By common consent it was limited to a maximum period of one year so as 
to respect the limitation irr-H3fe-i'ei-»8tatem«ftt-Pule-.^..By like common consent 
in case the employee faile^ toljif8fWifiYtOFaCSji(Bii^3gE a(^ual service within a 

^RECEIVED 

Kmnmt 

DOCUMENTS DIVISION 



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period of one year from such separation from pay and duty, the anticipatory 
reinstatement was deemed to have been ineffectual and the separation was 
regarded as absolute. It was the universal practice, after the expiration of one 
year without return to actual service, and upon a desire by the department to 
make a formal reinstatement, to send the case to the Civil Service Commis- 
sion to ascertain and certify the employee's status for reinstatement. This 
practice did in a sense respect the reinstatement rule, while in practical effect 
it enabled a department to give to an employee a full year of absence in addi- 
tion to the year provided for by Rule IX. It doubled the period of absence 
and reinstatement by departmental practice and common consent. This was 
deemed to be the utmost limit of liberality possible under the law. 

On July 28, 1916, the Congress enacted a statute in relation to employees of 
the Post Office Department, which is a legislative recognition of the depart- 
mental practice of "leave without pay." Since it carries the same limit of 
one year from separation, this act merely gave express direction for the main- 
tenance in one department of a practice long continued in all departments, 
and did not modify the attitude or practice of the Civil Service Commission 
in any case. 

In so far as the rights of employees absent on " leave without pay " rest on 
a departmental practice, they are confined within the limitations of the prac- 
tice, which make the separation absolute at the end of one year. Rights of 
postal employees created by the act above referred to are expressly limited to the 
period of one year. Before and at the time when the retirement act was 
passed the most liberal possible view of the status of employees on "leave 
without pay " under existing law and practice was : 

(1) That an employee separated from actual service on " leave without pay " 
was constructively in the civil service, to wit : In a status of nonservice and non- 
pay to be terminated by return to actual service within the year, or to become 
absolute by failure to return to actual service within the year. 

(2) That an employee separated from actual service, without delinquency 
or misconduct, to whom " leave without pay " was not granted or whose period 
of permissible leave without pay had expired, was not in the civil service, and 
retained only a status for reinstatement to the service, on the initiative of the 
department within one year from the date on which such separation became 
absolute. 

The exact question remaining is as to whether there is anything in the 
retirement act to warrant a modification of the views above expressed as ap- 
plied to the rights under that act of employees absent from actual service on 
" leave without pay," and whose full year from date of actual service has 
expired. 

The primary and principal purpose of the retirement act was to separate 
from the Federal service on partial pay Federal employees who were on full 
pay but who, by reason of advanced years, were capable of rendering but par- 
tial or no service. 

No proposed amendment to make the provisions of the retirement act ap- 
plicable to former employees who had been separated from the Federal service 
within a limited time before the passage was accepted by the Congress. On the 
contrary the act is expressly limited to " employees in the classified' civil service 
of the United States " " beginning at the expiration of 90 days next following 
the passage " of the act. 

Under all other law and practice, a former employee who is granted one 
year's leave without pay and who fails to return to a status of actual service 
within the year, is fully separated from the service and, unless and until re- 
instated, is not " in the service " of the United States. The primary purpose 
of the act can not well be said to be effectuated by changing a former employee's 
status of nonservice and nonpay to a status of nonservice and partial pay. 
One no longer in the service can not well be separated from the service. Nor 
can such former employee be said to "be automatically separated from the 
service " as provided in section 6 of the act by the mere change of his nonservice 
status without pay to a status of nonservice with partial pay. 

The only reference to leave without pay is in the last sentence of section 3, 
and it is consistent with the views above expressed. 

The power of a department to grant leave without pay was subject to certain 
limitations inherent in the general law of the case. For example, in case an 
employee holding a statutory position was granted leave of absence from service 
other than leave toith pay it was necessary to deem such status a separation 
from the service to the extent at least of creating a vacancy in the position. 



otherwise, the department would not be authorized to appoint a successor even 
temporarily and would lose the benefit of the appropriation available for the 
position. 

While the commission is committed to the theory that an employee on leave 
without pay for a period of not more than one year is constructively in the 
Federal service, unless and until the time limit shall expire without the em- 
ployee's return to actual service, there is found no basis for an extension of 
the period of such constructive service. 

The commission is of the opinion, therefore, that under the retirement act 
a former employee who was granted one year's leave without pay a full year 
before August 21, 1920, and who did not return to a status of actual service, is 
not within the provisions of the retirement act, (Minute 4, Dec. 23, 1920.) 

(The commission believes the foregoing views to be correct and just and 
equitable alike to employees and the Government, but calls attention to decisions 
which follow with which it does not agree. ) 

An Employee on Indefinite leave at the time the retirement act of May 22, 
1920, became effective was at that time " in the classified civil service of the 
United States " within the meaning of those words as used in the retirement act. 
(Attorney General, Feb. 25, 1921.) 

leave Without Pay Exceeding One Year. — Departments are not restricted in 
allowance of leave without pay to a period of one year, but an employee remains 
in the service so long as his name is properly borne on the rolls of his department, 
and not contrary to specific directions. (No. 16, Secretary of the Interior, Mar. 
11, 1921.) 

Status of Employees on "Furlough" or "Laid Off." — ^Employees in the engi- 
neer department at large of the War Department who are on " furlough " are 
in the service within the meaning of the retirement act during the life of the 
furlough as provided for in the regulations for that service. Employees in said 
service who have been " laid off " also have a like status so long as they are 
eligible to resume active duty without taking a new oath, vnthout a new ap- 
pointment and without any form of approval by the Civil Service Commission. 

" This appears to be not only the reasonable and logical effect of the law, regu- 
lations, and practice, but it is also highly desirable from an administrative point 
of view, forming a rule applicable alike throughout the service so that the 
benefits of the retirement act may be uniformly applied to different employees 
having the same status, except perhaps only in a merely technical sense, without 
unjust discrimination against employees in a particular department." (No. 17, 
Secretary of the Interior, May 16, 1921.) 

Employees in Positions Excepted by law from the requirements of the civil 
service act and rules are not " employees in the classified civil service " within 
the meaning of those words as used in the retirement act. (Attorney General, 
July 19, 1920.) 

Mechanics. — ^A mechanic who has ceased to do work of a mechanic and is on 
the rolls as a desk clerk is not subject to retirement until he has reached the 
age of 70. Retirement age is to be determined by years of life and character 
of present work of employee. (Solicitor, Interior Department, July 2, 1920.) 

The duties of an employee are to determine in each case whether he is a 
mechanic retirable at 65, or other than a mechanic, retirable at 70. (Minute 
June 19, 1920, Minute Oct. 4, 1920.) 

2. The provisions of this act shall include superintendents of United States 
national cemeteries, employees of the Superintendent of the United States 
Capitol Buildings and Grounds, the Library of Congress, and the Botanic 
Gardens, excepting persons appointed by the President and confirmed by the 
Senate, and may be extended by Executive order, upon recommendation of the 
Civil Service Commission, to include any employee or group of employees in the 
civil service of the United States not classified at the time of the passage of this 
act. The President shall have power, in his discretion, to exclude from the 
operation of this act any employee or group of employees in the classified civil 
service whose tenure of office or employment is intermittent or of uncertain 
duration. 

Superintendent, TTnited States Capitol Building and Grounds — Employees. — Un- 
skilled laborers and employees paid from an appropriation spent under the 
supervision and control of the Senate Committee on Rules are subject to the 
retirement act. (Attorney General, Sept. 29, 1920.) 



Extension of Act to Executive Office. — Employees of the Executive office were 
made subject to the retirement act by Executive order of August 3, 1920. 

Extension to Unskilled Laborers. — " I think the provisions under consideration 
confer upon the President authority to extend the act to individuals occupying 
unclassified positions." (Attorney General, June 14, 1920.) 

Retirement Act Applies to Certain Classified Excepted Employees. — " The 
provisions of said act [Retirement Act] are hereby extended to include em- 
ployees appointed to positions named in Schedules A and B of the Civil Service 
Rules through open competitive examination, and all former competitive classi- 
fied employees serving in such positions to which they were or could have 
been promoted or transferred in accordance with the principles laid down in 
section 3 of Civil Service Rule II, that ' the proper appointing officer may fill 
an excepted jwsition as competitive positions are filled, in which case the 
person appointed will receive all the rights of a competitive employee.' " (Ex- 
ecutive order of Dec. 24, 1920.) 

Exclusion. — Alaskan Engineering Commission are excluded from the pro- 
visions of the act. (Executive order of September 24, 1920.) 

Exclusions. — There are hereby excluded from the operation of the retirement 
act noneducational employees in the Reclamation Service intermittently and 
irregularly employed, and educational employees on daily rates similarly em- 
ployed. (Order of Mar. 1, 1921.) 

3. All regular annual employees of the municipal government of the District 
of Columbia, appointed directly by the commissioners, or by other competent 
authority, including those receiving per diem compensation paid out of general 
appropriations, but whose services are continuous, and including public-school 
employees, excepting school officers and teachers, shall be included in the pro- 
visions of this act, but members of the police and fire departments shall be ex- 
cluded therefrom. 

Police Court Employees. — ^The retirement act applies to employees of the police 
court of the District of Columbia. (Minutes, Sept. 9, 1920.) 

Employees of Probation Oificer. — The retirement act does not apply to em- 
ployees of the office of the probation officer, supreme court of the District of 
Columbia. (Minutes, Nov. 15, 1920.) 

4. Postmasters, and such employees of the Lighthouse Service as come within 
the provisions of section 6 of the act of June 20, 1918, entitled, "An Act to au- 
thorize aids to navigation and for other works in the Lighthouse Service, and 
for other purposes," shall not be included in the provisions of this act. 

Acting Postmasters. — The retirement act does not apply to acting postmasters 
and deduction should not be made from the salary of an acting postmaster. 
Should a classified employee be transferred to the position of acting postmaster, 
he may, upon retransfer to a classified position, by making proper deposit of 
funds, receive the benefits of the retirement act. (Minutes, Apr. 21, 1921.) 

SECTION II. 

1. That for the purpose of determining the amount of annuity which retired em- 
ployees shall receive, the following classifications and rates shall be established : 

Class A shall include all employees to whom this act applies who shall have 
served the United States for a total period of 30 years or more. The annuity to 
a retired employee in this class shall equal 60 per centum of such employee's 
average annual basic salary, pay, or compensation from the United States for 
the 10 years next preceding the date on which he or she shall retire : Provided, 
That in nc case shall an annuity in this class exceed $720 per annum or be less 
than $360 per annum. 

Class B shall include all employees to whom this act applies who shall 
have served the United States for a total period of twenty-seven years or more, 
but less than thirty years. The annuity to a retired employee in this class 



shall equal 54 per centum of such employee's average annual basic salary, pay, 
or compensation from the United States for the ten years next preceding the 
date on which he or she shall retire : Provided, That in no case shall an annuity 
in this class exceed $648 per annum, or be less than $324 per annum. 

Class C shall include all employees to whom this act applies who shall 
have served the United States for a total period of twenty-four years or more, 
but less than twenty-seven years. The annuity to a retired employee in this 
class shall equal 48 per centum of such employee's average annual basic salary, 
pay, or compensation from the United States for the ten years next preceding 
the date on which he or she shall retire : Provided, That in no case shall an 
annuity in this class exceed $576 per annum, or be less than $288 per annum. 

Class D shall include all employees to whom this act applies who shall 
have served the United States for a total period of twenty-one years or more, 
but less than twenty-four years. The annuity to a retired employee in this class 
shall equal 42 per centum of such employee's average annual basic salary, pay, 
or compensation from the United States for the ten years next preceding the 
date on which he or she shall retire : Provided, That in no case shall an annuity 
in this class exceed $504 per annum, or be less than $252 per annum. 

Class E shall include all employees to whom this act applies who shall 
have served the United States for a total period of eighteen years or more, 
but less than twenty-one years. The annuity to a retired employee in this 
class shall equal 36 per centum of such employee's average annual basic salary, 
pay, or compensation from the United States for the ten years next preceding 
the date on which he or she shall retire: Provided, That in no case shall an 
annuity in this class exceed $432 per annum, or be less than $216 per annum. 

Class F shall include all employees to whom this act applies who shall have 
served the United States for a total period of fifteen years or more, but less 
than eighteen years. The annuity to a retired employee in this class shall equal 
30 per centum of such employee's average annual basic salary, pay, or com- 
pensation from the United States for the ten years next preceding the date on 
which he or she shall retire: Provided, That in no case shall an annuity la 
this class exceed $360 per annum, or be less than $180 per annum. 

Ten- Year Period. — " The ' 10 j^ears next preceding the date of retirement,' for 
the purpose of computing average salary, etc., relates to the 10 years of service 
immediately preceding retirement. * * * As the enactment requires that 
the varying periods of service be counted in determining the length of service, 
the proper average of salary, etc., must be obtained from the last 10 years of 
such service." (Comptroller of the Treasury, June 30, 1920.) 

Determining Average Salary of Injured Employee. — For that part of the 10- 
year period during which an injured employee received no pay except under 
an injured Federal employees' compensation act, the employee.'s basic pay 
on the basis of which the injuries compensation was allowed should be taken 
as the basic pay for the period involved and be included in ascertaining the 
average for the 10 years. (Comptroller of the Treasury, June 30, 1920.) 

2. The term " basic salary, pay, or compensation " wherever used in this 
act shall be so construed as to exclude from the operation of the act all 
bonuses, allowances, overtime pay, or salary, pay, or compensation given in 
addition to the base pay of the positions as fixed by law or regulation. 

Basic Pay of Post Office Clerks, Carriers, and Special Clerks. — Basic pay does 
not include increase of compensation generally provided annually for several 
years in addition to otherwise fixed compensation. (Comptroller of the Treas- 
ury, Aug. 12, 1920.) 

SECTION III. 

1. That for the purposes of this act and subject to the provisions of section 10 
hereof, the period of service shall be computed from the date of original em- 
ployment, whether as a classified or unclassified employee in the civil service 



of the United States, and sliall include periods of service at different times 
and services in one or more departments, branclies, or independent offices of 
tlie Government, and shall also include service performed under authority of 
the United States beyond seas, and honorable service in the Army, Navy, Marine 
Corps, or Coast Guard of the United States : Provided, That in the case of an 
employee who is eligible for and elects to receive a pension under any law, 
or compensation under the war risk insurance act, the period of his or her 
military or naval service upon which such pension or compensation is based 
shall not be included for the purpose of assignment to classes defined in section 
2 hereof, but nothing contained in this act shall be so construed as to affect 
in any manner his or her right to a pension, or to compensation under the war- 
risk insurance act, in addition to the annuity herein provided. 

Service in the Philippines is Included in computing length of service. (Min- 
utes, Oct. 5, 1920.) 

Credit for Service as Postmaster. — A postal clerk automatically retired is 
entitled to credit in computing period of service, for service performed as post- 
master. (No. 3, Secretary of the Interior, Sept. 11, 1920.) 

Credit not Allowed for Service in the Legislative Branch. — A skilled laborer 
under the clerk to the House of Representatives is not in the civil service but 
in the legislative branch of the service. (No. 4, Secretary of the Interior, Sept. 
14, 1920.) 

Evidence of Service. — When official records of alleged service for which crec^t 
is claimed have been destroyed or lost, inferior or secondary evidence is then 
admissible. (No. 9, Secretary of the Interior, Jan. 22, 1921.) 

2., It is further provided that in computing length of service for the purposes 
of this act all periods of separation from the service and so much of any period 
of leave of absence as may exceed six months shall be excluded, and that in 
the case of substitutes in the Postal Service only periods of active employment 
shall be included. 

Leave with Pay Excluded in Certain Cases. — ^Where an excess of six months' 
absence is a combined pay and nonpay absence, the whole of such absence must 
be excluded in computing service. (Comptroller of the Treasury, June 30, 1920.) 

Period of Unused Leave. — The period of unused leave for which compensation 
was received can not be included in determining length of service. (No. 22, 
Secretary of the Interior, June 6, 1921.) 

SECTION IV. 

Sec. 4. That for the purpose of administration, except as otherwise provided 
herein, the Commissioner of Pensions, under the direction of the Secretary of 
the Interior, be, and is hereby, authorized and directed to perform, or cause to 
be performed, any and all acts and to make such rules and regulations as may 
be necessary and proper for the purpose of carrying the provisions of this act 
into full force and effect. An appeal to the Secretary of the Interior shall lie 
from the final action or order of the Commissioner of Pensions affecting the 
rights or interests of any person or of the United States under this act, the 
procedure on appeal to be as prescribed by the Commissioner of Pensions, with 
the approval of the Secretary of the Interior. 

SECTION V. 

1. That any employee to whom this act applies who shall have served for a 
total period of not less than fifteen years, and who, before reaching the retire- 
ment age as fixed in section 1 hereof, becomes totally disabled for useful and 
efficient service by reason of disease or injury not due to vicious habits, intem- 
perance, or willful misconduct on the part of the employee, shall upon his or her 



8 

own application or upon tlie request or order of the head of the department, 
branch, or independent office concerned, be retired on an annuity under the 
provisions of section 2 hereof: Provided, Jiowever, That no employee shall be 
retired under the provisions of this section until examined by a medical officer 
of the United States or a duly qualified physician or surgeon or board of physi- 
cians or surgeons designated by the Commissioner of Pensions for that purpose 
and found to be disabled in the degree and in the manner specified herein. 

Date of Beginning of Annuity. — Annuity begins from the date that the 
claimant is found to have been totally disabled for useful and efficient service 
and not from the date on which the claimant was found to be totally disabled. 
(No. 20, Secretary Interior, June 3, 1921.) 

Application for Disability Annuity Need not Precede Separation. — Failure of 
an applicant for annuity under section 5 of the act to execute his application 
prior to separation from the service does not work forfeiture of title to annuity, 
but right to annuity is to be determined as of the date of separation from the 
service rather than from the date of application in such cases, if total disability 
be established as of that date. (Secretary Interior, Aug. 17, 1921.) 

Evidence of Total Disability. — Report of medical examiners is not necessarily 
final, but the Commissioner of Pensions and the Secretary of the Interior are 
to arrive at their conclusions from the entire record. (No. 19, Secretary In- 
terior, Feb. 21, 1921.) 

"^ 2. Every annuitant retired under the provisions of this section, unless the dis- 
ability for which retired is permanent in character, shall, at the expiration of 
one year from the date of such retirement and annually thereafter until reach- 
ing the retirement age as defined in section 1 hereof, be examined under direc- 
tion of the Commissioner of Pensions by a medical officer of the United States, 
or a duly qualified physician or surgeon or board of physicians or surgeons 
designated by the Commissioner of Pensions for that purpose, in order to ascer- 
tain the nature and degree of the annuitant's disability, if any ; if the annuitant 
recovers and is restored to his or her former earning capacity before reaching 
the retirement age, payment of the annuity shall be discontinued from the date 
of the medical examination showing such recovery; if the annuitant fails to 
appear for examination as required under this section, payment of the annuity 
shall be suspended until continuance of the disability has been satisfactorily 
established. The Commissioner of Pensions is hereby authorized to order or 
direct at any time such medical or other examination as he shall deem neces- 
sary to determine the facts relative to the nature and degree of disability of 
any employee retired on an annuity under this section. 

Reinstatement, Disability Having Ceased. — A person retired on annuity for 
total disability will be regarded as eligible for reinstatement to an appropriate 
position upon certificate of the commission requested by his department within 
one year of the date that annuity ceases on the ground that total disability no 
longer exists. (Minutes, May 24, 1921.) 

3. Fees for examinations made under the provisions of this section by physi- 
cians or surgeons who are not medical officers of the United States shall be 
fixed by the Commissioner of Pensions, and such fees, together with the em- 
ployee's reasonable traveling and other expenses incurred in order to submit to 
such examinations, shall be paid out of the appropriations for the cost of admin- 
istering this act. 

4. In all cases where the annuity is discontinued under the provisions of this 
section before the annuitant has received a sum equal to the total amount of 
his or her contributions with accrued interest, the difference shall be paid to 
the retired employee, or to his or her estate, upon application therefor in such 
form and manner as the Commissioner of Pensions may direct. 



5. No person shall be entitled to receive an annuity under the provisions of 
this act, and compensation under the provisions of the act of September 7, 1916, 
entitled "An act to provide compensation tor employees of the United States 
suffering injuries while in the performance of their duties, and for other' pur- 
poses," covering the same period of time ; but this provision shall not be so 
construed as to bar the right of any claimant to the greater benefit conferred by 
either act for any part of the same period of time. 

SECTION VI. 

Sec. 6. That all employees to whom this act applies shall, upon the expira- 
tion of ninety days next succeeding its passage, if of retirement age, or there- 
after on arriving at retirement age as defined in section 1 hereof, be automat- 
ically separated from the service, and all salary, pay, or compensation shall 
cease from that date, and it shall be the duty of the head of each department, 
branch, or independent office of the Government to notify such employees under 
his direction of the date of such separation from the service at least sixty days 
in advance thereof : Provided, That no person employed in the executive depart- 
ments within the District of Columbia, retired under the provisions of this act 
during the fiscal year ending June 30, 1921, shall be replaced by additional em- 
ployees, but if the exigencies of the service so require, places made vacant by 
such retirement may be filled by promotion or transfer of eligible employees 
already in the service: Provided, That if within sixty days after the passage 
of this act or not less than thirty days before the arrival of an employee at the 
age of retirement, the head of the department, branch, or independent office of 
the Government in which he or she is employed certifies to the Civil Service 
Commission that by reason of his or her efficiency and willingness to remain in 
the civil service of the United States the continuance of such employee therein 
would be advantageous to the public service, such employee may be retained for 
a term not exceeding two years upon approval and certification by the Civil 
Service Commission, and at the end of the two years he or she may, by similar 
approval and certification, be continued for an additional term not exceeding two 
years, and so on : Provided, however, That at the end of ten years after this 
act becomes effective no employee shall be continued in the civil service of the 
United States beyond the age of retirement defined in section 1 hereof for more 
than four years. 

Automatic Separation. — Under section 6 every employee of the classes enu- 
merated in section 1 is automatically separated from the service upon arriving 
at the age of retirement regardless of his length of service unless by certification 
of the head of his department and the approval of the Civil Service Commission 
he is continued in the service as provided in said section 6. Those who have 
rendered 15 years or more of service are entitled to an annuity under section 
1, and those who have rendered less service are not. (Attorney General, June 
14, 1920.) 

Automatic Retirement. — An employee whose continuance has not been re- 
quested at least 30 days prior to his reaching retirement age is automatically 
separated as a classified employee upon reaching age of retirement. If he con- 
tinues to serve he serves merely as a temporary employee. (Minutes, Dec. 6, 
1920.) 

Failure to Give 60 Days' Notice of Retirement. — Failure to give the notice 
specified by the act can not continue the employee in the service or in a pay 
status. (Comptroller of the Treasury, .June 30, 1920.) 

No Replacement by Additional Employees,— Section 6 prohibiting retired em- 
ployees to be " replaced by additional employees " in effect prevents appointing 
by reason of retirement anyone from outside the Government service. The law 
contemplates a vacancy somewhere among those actually in the service, and 



10 

wherever it may fall by reason of promotions or transfer there it must finally 
rest. (Comptroller of the Treasury, June 30, 1920.) 

Filling After July 1, 1921, a Vacancy Occasioned hy Retirement Before that 
Date. — The Comptroller of the Treasury decided that a vacancy caused by 
retirement from a departmental position during the fiscal year ended June 30, 
1921, could not be filled after July 1. (May 25, 1921.) 

The commission is of the opinion that the qualified inhibition against filling 
a position resulting from the retirement of an employee ceases to be operative 
on June 30, 1921; and therefore holds that its own office, at least (not being 
an executive department), will be free from such inhibition after June 30. 
(Minutes, June 21, 1921.) 

Certification for Continuance.— " The object of the 30-day provision appar- 
ently was to afford the Civil Service Commission that length of time for con- 
sideration of the proposed retention of an employee. But if the commission 
in fact takes favorable action it will be sufficient even though within less than 
30 days, if prior to the date when the employee would otherwise be retired. 
(Solicitor, Interior Department, July 2, 1920.) 

The commission has held that a request for continuance made less than 30 
days before the employee reached retirement age was contrary to the statutory 
requirement and that approval of continuance was not warranted. (Minutes, 
Dec. 4, 1920.) 

Continuance at a Lesser Salary.— The Comptroller of the Treasury inclines 
to the view that the retention of an employee at a lesser salary, based upon 
certification, is not authorized, the fact of such reduction being an implication 
of inefficiency. (May 25, 1921.) 

The commission is of opinion that an employee in a higher grade, for ex- 
ample, may be considered inefficient as compared with employees in the same 
class and line of work, but that compared with clerks of a lower grade he may 
be found to equal or surpass the standard of such lower grade employees — 
the term efficiency being relative and not absolute. (Minutes, June 17, 1921.) 

Promotion of Continued Employee. — The promotion of an employee retained 
beyond retirement age is possible with the prior approval of the commission. 
(Minutes, Dec. 29, 1920.) 

Uncertainty Regarding Retirement Age. — Supervisor of telephone lines. Coast 
Guard Service, was regarded by department as retirable at 70'. " His position 
having now been definitely fixed as in the class retirable at 65, it is as though 
the act would begin to run when the decision is communicated to the depart- 
ment. (Minutes, Mar. 7, 1921.) 

SECTION VII. 

1. That every employee who is or hereafter becomes eligible for retirement 
because of age as provided in this act, shall, within sixty days after its passage 
or thirty days before reaching the retirement age, or at any time thereafter, 
file with the Commissioner of Pensions, in such form as he may prescribe, an 
application for an annuity, supported by a certificate from the head of the 
department, branch, or independent office of the Government in which the ap- 
plicant has been employed, stating the age and period or periods of service of 
the applicant and salary, pay, or compensation received during such periods, 
as shown by the official records : Provided, however, That in the case of an em- 
ployee who is to be continued in the civil service of the United States beyond 
the retirement age as provided in section 6 hereof, he or she may make appli- 
cation for retirement at any time within such period of continuance in the serv- 
ice; but nothing contained in this act shall be construed to prevent the com- 
pulsory retirement of such employee when in the judgment of the head of the 
department, branch, or independent office in which he or she is employed such 
* retirement would promote the best interests of the service. 

Separation of a Continued Employee. — " * * * It is not believed that any- 
thing in the retirement act requires 60 days' notice in advance of the removal 
of an employee who has been continued for a term not exceeding two years. A 
contrary interpretation would work to the detriment of the service in case it 
was desired to remove such an employee on charges at the earliest possible 



11 

date. As the continuance of an employee beyond retirement age rests upon tlie 
reciprocal agreement of the department, the employee, and the commission, and 
as his tenure is terminable at any time if either he or the department chooses, 
it is not believed that the provisions of civil service Rule XII as to removal 
should be applied in his case. * * * The department will be further in- 
formed that a reasonable notice — say ten days or two weeks — to a continued 
employee whose separation is desired, with the advice that he may apply for 
retirement, will be sufficient, and that it is optional with the department 
whether any statement of reasons be furnished him." (Minutes, May 24, 1921.) 

2. Upon receipt of satisfactory evidence the Commissioner of Pensions shall 
forthwith adjudicate the claim of the applicant, and if title to annuity be estab- 
lished, a proper certificate shall be issued to the annuitant under the seal of 
the Department of the Interior. 

Determination of Annuity or Refund. — " * * * It is the duty of the Com- 
missioner of Pensions under section 13 of the act to determine the annuity pay- 
able or the refund to be made. * * * " (Comptroller of the Treasury, July 
2, 1920.) 

3. Annuities granted under this act for retirement on account of age shall 
commence from the date of separation from the service on or after the date 
this act shall take effect, and shall continue during the life of the annuitant. 
Annuities granted for disability under the provisions of section 5 hereof shall 
be subject to the limitations specified in said section. 

SECTION VIII. 

1. That beginning on the first day of the third month next following the pas- 
sage of this act and monthly thereafter there shall be deducted and withheld 
from the basic salary, pay, or compensation of each employee to whom this act 
applies a sum equal to 2^ per cent of such employee's basic salary, pay;, or 
compensation. The Secretary of the Treasury shall cause the said deductions 
to be withheld from all specific appropriations for the particular salaries or 
compensation from which the deductions are made and from all allotments 
out of lump-sum appropriations for payments of such salaries or compensation 
for each fiscal year, and said sums shall be transferred on the books of the 
Treasury Department to the credit of a special fund to be known as " the civil- 
service retirement and disability fund," and said fund is hereby appropriated 
for the payment of annuities, refunds, and allowances as provided in this act. 

No Deductions from Pay for Temporary Services. — Retirement deductions are 
not required to be made from pay received by a permanent einployee for per- 
formance at the same time of the duties of a temporary position. (Comptroller 
of the Treasury, June 30, 1920.) 

Deductions to Be Made from Combined Salaries. — Where the employee has 
more than one permanent position * * * retirement deductions should be 
made from the compensation of each. (Comptroller of the Treasury, June 30, 
1920.) 

Deductions from Salaries Paid by States. — Deductions are to be made from 
salaries of employees paid by States while they are on furlough from the Geo- 
logical Survey doing work paid for jointly by the Survey and the States. (Comp- 
troller of the Treasury, July 20, 1920.) 

Disbursing Officers May Not Withdraw Retirement Deductions from the Appro- 
priations. — " * * * The enactment specifically imposes upon the Secretary 
of the Treasury the duty of transferring retirement deductions from appropri- 
ations to the civil-service retirement and disability fund, and no disbursing 
officer is authorized to withdraw such deductions from the appropriations. 
* * *." (Op., Comptroller of the Treasury, June 25, 1920.) 

Disbursing Officers May Pay Only 97^ per cent of Basic Salary. — " * * * The 
disbursmg officers are authorized to pay only 97^ per cent of basic salary, pay, or 
compensation earned beginning August 1, 1920, whenever the employee is paid, 



12 

the monthly requirement not being such as to restrict such action to one month 
only. * * * (Op., Comptroller of the Treasury, June 30, 192,0.) 

2. The Secretary of the Treasury is hereby directed to invest from time to 
time, in interest-bearing securities of the United States, such portions of the 
" civil-service retirement and disability fund " hereby created as in his judgment 
may not be immediately required for the payment of annuities, refunds, and 
allowances as herein provided, and the income derived from such investments 
shall constitute a part of said fund for the purpose of paying annuities and 
of carrying out the provisions of section 11 of this act. 

3. The Secretary of the Treasury is hereby authorized and empowered in 
carrying out the provisions of this act to supplement the individual contributions 
of employees with moneys received in the form of donations, gifts, legacies, 
bequests, or otherwise, and to receive, invest, and disburse for the purpose of 
this act all moneys which may be contributed by private individuals or corpo- 
rations or organizations for the benefit of civil-service employees generally or 
any special class of employees. 

SECTION" IX. 

That every employee coming within the provisions of this act shall be 
deemed to consent and agree to the deductions from salary, pay, or compen- 
sation as provided in section 8 hereof, and payment less such deductions shall 
be a full and complete discharge and acquittance of all claims and demands 
whatsoever for all regular services rendered by such employee during the period 
covered by such payment, except the right to the benefits to which he or she 
shall be entitled under the provisions of this act, notwithstanding the provisions 
of sections 167, 168, and 169 of the Revised Statutes of the United States, and 
of any other law, rule, or regulation affecting the salary, pay, or compensation 
of any person or persons employed in the civil service to whom this act applies. 

SECTION X. 

Sec. 10. That upon the transfer of any employee from an unclassified to a 
classified status, or upon the reinstatement of a former employee, credit for 
past service rendered subsequent to the date this act shall take effect, or for 
any part thereof, shall be granted only upon deposit with the Treasurer of the 
United States of the amount of such deductions "svith interest as provided in 
this, act as would have been made for the periods of actual service, or part 
thereof, for which credit is to be given, but such interest shall not be computed 
for periods of separation from the service: Provided, That failure to make 
such deposit shall not deprive the employee of credit for any past service 
rendered prior to the date this act shall become operative, and to which he or 
she would otherwise be entitled. 

Deposit to Obtain Credit for Unclassified Service. — A classified employee who 
fomerly had an unclassified status for a period subsequent to the effective 
date of the retirement act may receive an annuity without making 
the deposit for said period. He may make the deposit and receive credit for 
that time, but if he does not he merely loses credit for that period of service 
and does not forfeit his right to annuity nor lose credit for the period of prior 
service nor for later service. (Solicitor, Interior, January 22, 1921.) 

SECTION XI.. 

That in the case of an employee in the classified civil service of the 
United States who shall be transferred to an unclassified position, and in the 
case of any employee to whom this act applies who shaU become absolutely 
separated from the service before becoming eligible for retirement on an 



13 

annuity, the total amount of deductions of salary, pay, or compensation with 
accrued interest computed at tlie rate of 4 per centum per annum, compounded 
on June 30 of each fiscal year, shall, upon application, be returned to such 
employee: Provided, That all money so returned to an employee must be re- 
deposited with interest before such employee may derive any benefit under 
the provisions of this act, upon reinstatement or retransfer to a classified posi- 
tion ; and in case an annuitant shall die without having received in annuities 
an amount equal to the total amount of the deductions from his or her salary, 
pay, or compensation, together with interest thereon at 4 per centum per 
annum compounded as herein provided up to the time of his or her death, the 
excess of the said accumulated deductions over the said ajmuity payments 
shall be paid in one sum to his or her legal representatives upon the establish- 
ment of a valid claim therefor; and in case an employee shall die without 
having reached the retirement age or without having established a valid claim 
for annuity, the total amount of deductions with accrued interest as herein 
provided shall be paid to the legal representatives of such employee : Provided, 
That if in case of death the amount of deductions to be paid under the pro- 
visions of this section does not exceed $300, and if there has been no demand 
upon the Commissioner of Pensions by a duly appointed executor or ad- 
ministrator, the payment may be made, after the expiration of three months 
from date of death, to such person or persons as may appear in the judgment 
of the Commissioner of Pensions to be legally entitled to the proceeds of the 
estate, and such payment shall be a bar to recovery by any other person. 

Each executive department, and each independent establishment of the Gov- 
ernment not within the jurisdiction of any executive department, shall estab- 
lish and. maintain such record as will enable it to determine the amount de- 
ducted within each fiscal year from the basic salary, pay, or compensation of 
each employee within its jurisdiction to whom this Act applies. When such em- 
ployee is transferred fi'om one office to another a certified abstract of his official 
record shall be transmitted to the office to which the transfer is made. 

When application is made to the Commissioner of Pensions for return of de- 
ductions and accrued interest, as provided in this section, such application shall 
be accompanied by a certificate from the proper officer showing the complete 
record of deductions, by fiscal years, and other data necessary to the proi)er 
adjustment of the claim. 

The Commissioner of Pensions, with the approval of the Secretary of the 
Interior, shall establish rules and regulations for crediting and reporting de- 
ductions and for computing interest hereunder. 

Computation of interest. — See decisions of the Comptroller of the Treasury, 
September 15, 1920, October 5, 1920, and February 5, 1921. 

Redeposit of Refund. — ^A former employee in order to be reinstated need not 
redeposit the deductions refunded to him. Redeposit may be made at any time 
together with interest thereon for the elapsed period since the refund, except 
periods of separation from the service, if any. Redeposit is merely a condition 
precedent to allowance of benefit under the act. The 2^ per cent deduction from 
salary, pay, or compensation must be taken during the period of service after the 
reinstatement even though the employee may never qualify for annuity by 
making redeposit of funds theretofore returned to him. (Solicitor, Interior, 
January 22, 1921.) 

SECTION XII. 

That annuities granted under the terms of this act shall be due and payable 
monthly on the first business day of the month following the month or other 
period for which the annuity shall have accrued, and payment of all annuities, 
refunds, and allowances granted hereunder shall be made by checks drawn and 



14 

issued by tlie disbursing clerk for the payment of pensions in such form and 
manner and with such safeguards as shall be prescribed by the Secretary of 
the Interior in accordance with the laws, rules, and regulations governing 
accounting that may be found applicable to such payments. 

SECTION XIII. 

1. That it shall be the duty of the head of each executive department and the 
head of each independent establishment of the Government not within the 
jurisdiction of any executive department to report to the Civil Service Com- 
mission in such manner as said commission may prescribe, the name and grade 
of each employee to whom this act applies in or under said department or 
establishment who shall be at any time in a nonpay status, showing the dates 
such employee was in a nonpay status, and the amount of salary, pay, or 
compensation lost by the employee by reason of such absence. The CivU 
Service Commission shall keep a record of appointments, transfers, changes 
in grade, separations from the service, reinstatements, loss of pay, and such 
other information concerning individual service as may be deemed essential 
to a proper determination of rights under this act, and shall furnish the Com- 
missioner of Pensions such reports therefrom as he shall from time to time 
request as necessary to the proper adjustment of any claim for annuity here- 
under, and shall prepare and keep all needful tables and records required for 
carrying out the provisions of this act, including data showing the mortality ex- 
perience of the employees in the service and the percentage of withdrawal from 
such service, and any other information that may serve as a guide for future 
valuations and adjustments of the plan for the retirement of employees under 
this act. 

Reports from Departments. — " The heads of the executive departments and 
independent establishments are directed to furnish to the United States Civil 
Service Commission, at such time and in such form and manner as it may pre- 
scribe, information to complete or to supplement its records, to enable it to 
carry out the requirements of the retirement act approved May 22, 1920, and 
to enable it to prepare and keep timely statistical and other information which 
experience has shown to be of value to the President, the Congress, executive 
officials, and the public." (Executive order, June 10, 1920.) 

2. The Commissioner of Pensions shall make a detailed comparative report 
annually showing all receipts and disbursements on account of refunds, allow- 
ances, and annuities, together with the total number of persons receiving 
annuities and the amounts paid them. 

SECTION XIV. 

That none of the moneys mentioned in this act shall be assignable, either 
in law or equity, or be subject to execution, levy, or attachment, garnishment, 
or other legal process. 

SECTION XV. 

1. That there is hereby authorized to be appropriated, from any moneys in 
the Treasury not otherwise appropriated, the sum of $100,000 for salaries and 
for clerical and other services, the purchase of books, office equipment, sta- 
tionery, and other supplies, and all other expenses necessary in carrying out 
the provisions of this act, including traveling expenses and expenses of medical 
and other examinations as provided in section 5 hereof. 

2. The Secretary of the Interior shall submit annually to the Secretary of 
the Treasury estimates of the appropriations necessary to continue this act in 
full force and effect. 



15 

SECTION XVI. 

That the Commissioner of Pensions, with the approval of the Secretary of the 
Interior, is hereby authorized and directed to select three actuaries, one of 
whom shall be the Government actuary, to be known as the board of actuaries, 
whose duty it shall be to annually report upon the actual operations of this 
act, with authority to recommend to the Commissioner of Pensions such 
changes as in its judgment may be deemed necessary to protect the public 
interest and maintain the system upon a sound financial basis. It shall be 
the duty of the Commissioner of Pensions to submit with his annual report to 
Congi-ess the recommendations of the board of actuaries. It shall be the duty 
of the board of actuaries to make a valuation of the " civil-service retirement 
and disability fund " at the end of the first year following the passage of this 
act and at intervals of every five years thereafter, or oftener if deemed neces- 
sary by the Commissioner of Pensions. The compensation of the members of 
the board of actuaries, exclusive of the Government actuary, shall be fixed by 
the Commissioner of Pensions with the approval of the Secretary of the 
Interior. 

SECTION XVII. 

That all laws and parts of laws inconsistent with this act are hereby repealed. 

MISCELLANEOUS. 

Certification. — Eligibles who have reached retirement age will not be certified 
except for temporary appointment. (Minutes, July 24, 1920.) 

Continuance. — The Public Printer requested the reinstatement and continu- 
ance of an employee. No request for extension was made as provided by the 
act, and he was automatically separated. Reinstatement denied. The Com- 
mission has uniformly disallowed requests for extension made subsequent to 
July 21, 1920, of employees who had reached retirement age at that time, except 
Avhen it was stated that the initiative had been taken prior to that date. (Min- 
utes, Sept. 22, 1920.) 

Continuance requested less than 30 days before retirement age disapproved. 
(Minutes, Dec. 4, 1920.) 

Deputy Marshals. — All deputy marshals are outside the " classified civil serv- 
ice " within the meaning of those w«rds as they occur in the retirement act. 
(Attorney General, Mar. 30, 1921.) 

Examination. — ^Applicants of retirement age not admitted. (Minute 4, July 
24, 1921.) 

False Statement. — Request for retirement on annuity would not be favorably 
considered in case of an employee whose entire service was based on his false 
statement as to age. (Minutes, Sept. 18, 1920.) 

Laborers, Custodian Service. — Classified employees transferred to unclassified 
positions are subject to the retirement act, employees appointed to unclassified 
positions from classified registers are not subject to that act. (Minutes, June 
23, 1921.) 

Navy Yards. — Furlough, reemployment. (Minutes, Oct. 30, 1920.) 

Porto Rico customs employees are in the classified competitive service and 
are therefore subject to the retirement act. (Minutes, Sept. 7, 1920.) 

Postal Agent at Shanghai. — The postal agent at Shanghai, China, is a post- 
master and therefore excluded from the operation of the retirement act. (Min- 
utes, Aug. 4, 1920.) 

Reemployment of Retired Employee. — The commission sees no obstacle so far 
as age is concerned to the reinstatement of a railway mail clerk retired at 62 
to some position with a higher retirement age. (Minutes, Oct. 1, 1920.) 

A person who is receiving retired pay may not at the same time hold a posi- 
tion under the Government carrying compensation out of Government funds. 
(Minutes, Oct. 29, 1920.) 

Reinstatement of a person retired for age can not be made. (Minutes, Nov. 
18, 1920.) 



16 

Retirement Age — Examination and Certification. — ^Admission to examination 
of person who has reached retirement age is forbidden as is also certification 
except for temporary appointment. (Minutes, July 24, 1920.) 

Secret Service Employees are subject to retirement act. (Minutes, Sept. 2, 
1920.) 

Storekeeper-Gangers.— Their classified status is not affected by their tem- 
porary appointment in the excepted position of warehouse agents. (Minutes, 
Feb. 4, 1921.) 

Substitutes in Postal Service are within the provisions of the retirement act. 
(Minutes, Dec. 29, 1920.) 

procedure: in continuance, retirement, and refund. 

An employee who does not wish to be separated from the service should make 
an early written request for retention upon his official superiors, as the official 
request for retention must be made at least 30 days before the employee reaches 
retirement age. 

An employee desiring to be retired for age or total disability makes appli- 
cation through his official superiors upon the prescribed form which, after 
the addition of certain data by the department, goes to the Bureau of Pen- 
sions, which then obtains his service record from the Civil Service Commission 
and adjudicates the case. 

An employee passing beyond the provisions of the retirement act by sepa- 
ration or transfer, to secure the refund of deductions made from his salary, 
makes application through his official superiors, upon a prescribed form which, 
after the addition of certain data, first by the department and then by the 
Civil Service Commission, goes to the Bureau of Pensions for determination and 
payment of the amount. One about to reenter the service in a position subject 
to the retirement act should not apply for a refund. 



WASHINGTON : GOVERNMENT PRINTING OFFICE : 1922 



LIBRARY OF CONGRESS 





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Hollinger Corp. 
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